Week 2A Public vs. Private Regulators Flashcards
Define what a Public Regulator is
- No uni. def
-general. a state body/ assoc. with state body
-exp. to act in the PUB INTEREST
TRUE or FALSE: the powers allocated to a public body are usually laid out in a statute
TRUE
Explain the importance of determining whether an insti. is pub. or priv.
-fun. rights invokation
-principles of good administratin
-Courts
–>public author. –> adm courts
–> priv authorities–> civil courts
Should the claim to damages in the Blanco case be brought before a civil or adm. court
-Adm court
-com. doing state job/ pub. task
-public law
TRUE or FALSE: NGOs cannot be public authorities
FALSE
-if there is a statute or fills cumulative list then is a pub. auth.
How can Private regulators gain status as public authorities?
-Stat. Mandate
-cont. mandate
-No mandate
-Look to 3 cum. crit.
How can the Grenfell Tower Fire be explained through privitasation?
-the EXTENSIVE privati. of the examination of the fire soundness of the building
-outsourc. of tasks
-lack of oversight
What are the 3 common cumulative criteria to determine whether an organisation is a public authority.
- public task/public service
- pub. funding (more than 50%)
- pub. super.
Explain how the Milieudefensie v. Shell case reflects the public role of priv. organisations
-MD brought case to court
-2 puruse public int.
TRUE OR FALSE: top-down, or state -centred administrative law is in decline
-TRUE
Explain why traditional adm. law is in decline
- priv. of pub tasks
- decentral.
–> more pub. tasks at a lower level of gov. - globalisation
What are the important legal examples to remember in regards to this week?
-Milieudefensie v. shell
-Greenfell towers
-Blanco
-The alliance to better protect minors online
List the main regulatory forms
- self-regulation
- co-regulation
3.public regulation
TRUE or FALSE: each reg. tool falls into a distinct regulatory form category
- FALSE, not necessarily true
-it’s a spectrum
Explain what self-regulation is
-regulati. of own activity
-allowed by agree.
-through the creation of a regulatory body entrusted with the task
of adopting and enforcing a code of conduct for its members
Give an example of self-regulation
-The alliance to better protect minors online
Explain the strengths of self-regulation
-Cons. + cooper.
-Indust. actors often have more expertise in rel. areas than the st
-State does not need to sholder the costs
-intern. in reg. trade
Explain the weaknesses of self regulation
-may not always serve the pub. interest
- x dem. legiti.
-no sep. of powers,
-rule-making,
-impl. and enf. in the:
-hands of 1 body
Explain co-regulation
-gov delegation of
-task of reg. of part. sec. or profession
-2 self-reg. industry or body or profes. association
-but RETAINS oversight
Give an example of co-regulation
-Code of Conduct for Consumer Credit in the Netherlands
Explain the strengths of co-regulation
combines the strengths of self- reg.(consent, cooper) + pub. reg. (more sep of power, public interest)
-Whilst minimising their weaknesses
(lack of skill, high adm costs) (priv. inter., no sep. of power, democ. legitimacy)
Explain the weaknesses of co-regulation
-gov. involve./ oversi. may not be enough to ensure that the reg. serve the public interest
Explain what public regulation is
-Set of rules adop. by gov. 2 cont. the op of markets
-+ mechnisms for monitoring and enforcement
Explain the strengths of public regulation
-strictly (or at least purported. in pursuit of pub. int.)
-Stronger enforcement
+ more focus on checks and balances
-transparency in comp. 2 SR
